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1974 (9) TMI 127 - SC - Indian Laws

Issues:
1. Validity of land acquisition notifications under Sections 4 and 6 of the Act
2. Challenge to land acquisition proceedings based on discrimination and pricing
3. Delay in challenging the notifications and its impact on the case

Analysis:
The Supreme Court heard appeals challenging the judgment of the Rajasthan High Court regarding the acquisition of land for the development of Jaipur. The notifications under Sections 4 and 6 of the Rajasthan Land Acquisition Act, 1953 were issued in May 1960 and July 1961 respectively. The appellants filed claims under Section 9 of the Act in response. An award was made in January 1964, which was later amended in July 1964 due to land transactions. Writ petitions were filed in 1970 challenging the validity of the notifications and subsequent proceedings.

The High Court found the appellants guilty of inordinate delay in challenging the land acquisition proceedings. The delay was a crucial factor in the case. The appellants' plea of discrimination in acquisition and concerns about pricing were also dismissed by the High Court. The Attorney General highlighted that failure on the delay ground would render other contentions irrelevant. The Court referred to a previous case emphasizing that challenges to notifications should be made promptly after their issuance to prevent dilatory tactics.

Comparing the present case with the precedent, it was evident that the appellants approached the Court nine years after the declaration under Section 6 of the Act. The Court reiterated that challenges to notifications under Sections 4 and 6 should be timely due to the acts carried out based on those notifications. Considering the significant delay in this case, the High Court's dismissal of the applications on the ground of delay was upheld. Consequently, the appeals were dismissed with costs, emphasizing the importance of timely legal action in such matters.

 

 

 

 

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